Home > 105th Congressional Bills > S. 2393 (pcs) To protect the sovereign right of the State of Alaska and prevent the Secretary of Agriculture and the Secretary of the Interior from assuming management of Alaska's fish and game resources. ...

S. 2393 (pcs) To protect the sovereign right of the State of Alaska and prevent the Secretary of Agriculture and the Secretary of the Interior from assuming management of Alaska's fish and game resources. ...


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                                                       Calendar No. 584

105th CONGRESS

  2d Session

                                S. 2392

_______________________________________________________________________

                                 A BILL

To encourage the disclosure and exchange of information about computer 
    processing problems and related matters in connection with the 
                      transition to the year 2000.

_______________________________________________________________________

                           September 17, 1998

        Reported with an amendment and an amendment to the title





                                                       Calendar No. 584
105th CONGRESS
  2d Session
                                S. 2392

To encourage the disclosure and exchange of information about computer 
    processing problems and related matters in connection with the 
                      transition to the year 2000.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 30, 1998

  Mr. Bennett (by request) (for himself, Mr. Dodd, Mr. Moynihan, Mr. 
Kohl, and Mr. Robb) introduced the following bill; which was read twice 
             and referred to the Committee on the Judiciary

                           September 17, 1998

 Reported by Mr. Hatch, with an amendment and an amendment to the title
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
To encourage the disclosure and exchange of information about computer 
    processing problems and related matters in connection with the 
                      transition to the year 2000.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Year 2000 Information 
Disclosure Act''.</DELETED>

<DELETED>SEC 2. FINDINGS AND PURPOSES.</DELETED>

<DELETED>    (a) Findings.--The Congress finds the following:</DELETED>
        <DELETED>    (1) Thousands of computer systems, software, and 
        semiconductors are not capable of recognizing certain dates in 
        1999 and after December 31, 1999, and will read dates in the 
        year 2000 and thereafter as if they represent the year 1900 or 
        thereafter. This could cripple systems that are essential to 
        the functioning of markets, commerce, consumer products, 
        utilities, government, and safety systems, in the United States 
        and throughout the world. Reprogramming or replacing affected 
        systems before this problem cripples essential systems is a 
        matter of national and global interest.</DELETED>
        <DELETED>    (2) The prompt and thorough disclosure and 
        exchange of information related to year 2000 readiness of 
        entities, products, and services would greatly enhance the 
        ability of public and private entities to improve their year 
        2000 readiness and, thus, is a matter of national importance 
        and a vital factor in minimizing disruption to the Nation's 
        economic well-being.</DELETED>
        <DELETED>    (3) Concern about the potential for legal 
        liability associated with the disclosure and exchange of year 
        2000 compliance information is impeding the disclosure and 
        exchange of such information.</DELETED>
        <DELETED>    (4) The capability to freely disseminate and 
        exchange information relating to year 2000 readiness with the 
        public and with other companies without undue concern about 
        litigation is critical to the ability of public and private 
        entities to address year 2000 needs in a timely 
        manner.</DELETED>
        <DELETED>    (5) The national interest will be served by 
        uniform legal standards in connection with the disclosure and 
        exchange of year 2000 readiness information that will promote 
        disclosures and exchanges of such information in a timely 
        fashion.</DELETED>
<DELETED>    (b) Purposes.--Based upon the powers contained in article 
I, section 8, clause 3 of the United States Constitution, the purposes 
of this Act are to promote the free disclosure and exchange of 
information related to year 2000 readiness and to lessen burdens on 
interstate commerce by establishing certain uniform legal principles in 
connection with the disclosure and exchange of information related to 
year 2000 readiness.</DELETED>

<DELETED>SEC. 3. DEFINITIONS.</DELETED>

<DELETED>    For purposes of this Act, the following definitions 
apply:</DELETED>
        <DELETED>    (1) Year 2000 statement.--``Year 2000 statement'' 
        means any statement--</DELETED>
                <DELETED>    (A) concerning an assessment, projection, 
                or estimate concerning year 2000 processing 
                capabilities of any entity or entities, product, or 
                service, or a set of products or services;</DELETED>
                <DELETED>    (B) concerning plans, objectives, or 
                timetables for implementing or verifying the year 2000 
                processing capabilities of an entity or entities, a 
                product, or service, or a set of products or services; 
                or</DELETED>
                <DELETED>    (C) concerning test plans, test dates, 
                test results, or operational problems or solutions 
                related to year 2000 processing by--</DELETED>
                        <DELETED>    (i) products; or</DELETED>
                        <DELETED>    (ii) services that incorporate or 
                        utilize products.</DELETED>
        <DELETED>    (2) Statement.--``Statement'' means a disclosure 
        or other conveyance of information by one party to another or 
        to the public, in any form or medium whatsoever, excluding, for 
        the purposes of any actions brought under the securities law, 
        as that term is defined in section 3(a)(47) of the Securities 
        Exchange Act of 1934 (15 U.S.C. 78c(a)(47)), documents or 
materials filed with the Securities and Exchange Commission, or with 
Federal banking regulators pursuant to section 12(i) of the Securities 
Exchange Act of 1934, or disclosures or writings made specifically in 
connection with the sale or offering of securities.</DELETED>
        <DELETED>    (3) Year 2000 processing.--``Year 2000 
        processing'' means the processing (including, without 
        limitation, calculating, comparing, sequencing, displaying, or 
        storing), transmitting, or receiving of date or date/time data 
        from, into, and between the twentieth and twenty-first 
        centuries, and the years 1999 and 2000, and leap year 
        calculations.</DELETED>
        <DELETED>    (4) Year 2000 internet website.--``Year 2000 
        Internet Website'' means an Internet website or other similar 
        electronically accessible service, designated on the website or 
        service by the person creating or controlling the website or 
        service as an area where year 2000 statements and other 
        information about the year 2000 processing capabilities of an 
        entity or entities, a product, service, or a set of products or 
        services, are posted or otherwise made accessible to the 
        general public.</DELETED>
        <DELETED>    (5) Covered action.--``Covered action'' means a 
        civil action arising under Federal or State law except for any 
        civil action arising under Federal or State law brought by a 
        Federal, State, or other public entity, agency, or authority 
        acting in a regulatory, supervisory, or enforcement 
        capacity.</DELETED>
        <DELETED>    (6) Republication.--``Republication'' means any 
        repetition of a statement originally made by another.</DELETED>
        <DELETED>    (7) Consumer.--``Consumer'' means an individual 
        who buys a consumer product other than for purposes of 
        resale.</DELETED>
        <DELETED>    (8) Consumer product.--``Consumer product'' means 
        any personal property or service which is normally used for 
        personal, family, or household purposes.</DELETED>

<DELETED>SEC. 4. PROTECTION FOR YEAR 2000 STATEMENTS.</DELETED>

<DELETED>    (a) In General.--Except as otherwise provided in 
subsection (c), in any covered action, to the extent such action is 
based on an allegedly false, inaccurate, or misleading year 2000 
statement, the maker of any such statement shall not be liable under 
Federal or State law with respect thereto unless the claimant 
establishes, in addition to all other requisite elements of the 
applicable action, that the statement was material, and--</DELETED>
        <DELETED>    (1) where the statement was not a republication, 
        that the statement was--</DELETED>
                <DELETED>    (A) made with knowledge that the statement 
                was false, inaccurate, or misleading;</DELETED>
                <DELETED>    (B) made with an intent to mislead or 
                deceive; or</DELETED>
                <DELETED>    (C) made with a grossly negligent failure 
                to determine or verify that the statement was accurate 
                and not false or misleading; and</DELETED>
        <DELETED>    (2) where the statement was a republication of a 
        statement regarding a third party, that the republication was 
        made--</DELETED>
                <DELETED>    (A) with knowledge that the statement was 
                false, inaccurate, or misleading; or</DELETED>
                <DELETED>    (B) without a disclosure by the maker that 
                the republished or repeated statement is based on 
information supplied by another and that the maker has not verified the 
statement.</DELETED>
<DELETED>    (b) Year 2000 Internet Website.--In any covered action in 
which the adequacy of notice about year 2000 processing is at issue and 
no clearly more effective method of notice is practicable, the posting 
of a notice by the entity purporting to have provided such notice on 
that entity's year 2000 Internet website shall be presumed to be an 
adequate mechanism for providing such notice. Nothing in this 
subsection (b) shall--</DELETED>
        <DELETED>    (1) alter or amend any Federal or State statute or 
        regulation requiring that notice about year 2000 processing be 
        provided using a different mechanism;</DELETED>
        <DELETED>    (2) create a duty to provide notice about year 
        2000 processing;</DELETED>
        <DELETED>    (3) preclude or suggest the use of any other 
        medium for notice about year 2000 processing or require the use 
        of an Internet website; or</DELETED>
        <DELETED>    (4) mandate the content or timing of any notices 
        about year 2000 processing.</DELETED>
<DELETED>    (c) Defamation or Similar Claims.--In any covered action 
arising under any Federal or State law of defamation, or any Federal or 
State law relating to trade disparagement or a similar claim, to the 
extent such action is based on an allegedly false year 2000 statement, 
whether oral or published in any medium, the maker of any such year 
2000 statement shall not be liable with respect to such statement, 
unless the claimant establishes by clear and convincing evidence, in 
addition to all other requisite elements of the applicable action, that 
the statement was made with knowledge that the statement was false or 
with reckless disregard as to its truth or falsity.</DELETED>
<DELETED>    (d) Limitation on Effect of Year 2000 Statements.--In any 
covered action, no year 2000 statement shall be interpreted or 
construed as an amendment to or alteration of a written contract or 
written warranty, whether entered into by a public or private party. 
This subsection (d) shall not apply--</DELETED>
        <DELETED>    (1) to the extent the party whose statement is 
        alleged to have amended or altered a contract or warranty has 
        otherwise agreed in writing to so alter or amend the written 
        contract or written warranty;</DELETED>
        <DELETED>    (2) to year 2000 statements made in conjunction 
        with the formation of the written contract or written warranty; 
        or</DELETED>
        <DELETED>    (3) where the contract or warranty specifically 
        provides for its amendment or alteration through the making of 
        a year 2000 statement.</DELETED>
<DELETED>Existing law shall apply to determine what effect, if any, a 
year 2000 statement within the scope of paragraph (1), (2) or (3) has 
on a written contract or written warranty.</DELETED>
<DELETED>    (e) Special Data Gathering.--A Federal entity, agency, or 
authority may expressly designate requests for the voluntary provision 
of information relating to year 2000 processing (including without 
limitation, year 2000 statements) as ``Special Year 2000 Data Gathering 
Requests'' made pursuant to this subsection (e). Information provided 
in response to such requests shall be prohibited from disclosure under 
the Freedom of Information Act (5 U.S.C. 552 et. seq.), and may not be 
used by any Federal entity, agency, or authority, directly or 
indirectly, in any civil action arising under any Federal or State law, 
provided, however, that nothing in this subsection (e) shall preclude a 
Federal entity, agency, or authority from separately obtaining the 
information submitted in response to this subsection (e) through the 
use of independent legal authorities and using such separately obtained 
information in any action.</DELETED>

<DELETED>SEC. 5. EXCLUSIONS.</DELETED>

<DELETED>    (a) Consumer Information.--This Act does not cover 
statements made directly to a consumer in connection with the sale of a 
consumer product by the seller or manufacturer or provider of the 
consumer product.</DELETED>
<DELETED>    (b) Effect on Information Disclosure.--This Act does not 
affect, abrogate, amend, or alter, and shall not be construed to 
affect, abrogate, amend, or alter, the authority of a Federal or State 
entity, agency, or authority to enforce a requirement to provide, 
disclose, or not to disclose, information under a Federal or State 
statute or regulation or to enforce such statute or 
regulation.</DELETED>
<DELETED>    (c) Contracts and Other Claims.--Except as may be 
otherwise provided in subsection 4(d), this Act does not affect, 
abrogate, amend, or alter, and shall not be construed to affect, 
abrogate, amend, or alter, any right by written contract, whether 
entered into by a public or private party, under any Federal or State 
law, nor shall it preclude claims not based solely on year 2000 
statements.</DELETED>
<DELETED>    (d) Duty or Standard of Care.--This Act shall not be 
deemed to impose upon the maker or publisher of any year 2000 statement 
any increased obligation, duty or standard of care than is otherwise 
applicable under Federal or State law. Nor does this Act preclude any 
party from making or providing any additional disclaimer or like 
provisions in connection with any year 2000 statement.</DELETED>
<DELETED>    (e) Trademarks.--This Act does not affect, abrogate, 
amend, or alter, and shall not be construed to affect, abrogate, amend, 
or alter, any right in a trademark, trade name, or service mark, under 
any Federal or State law.</DELETED>
<DELETED>    (f) Injunctive Relief.--Nothing in this Act shall be 
deemed to preclude a claimant from seeking temporary or permanent 

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